Tampa Overtime Violation Attorney

Tampa overtime attorneys who know wage and hour laws

Saady & Saxe, P.A. sees all too often employees and employers who do not understand their rights and responsibilities regarding overtime pay. Our Tampa overtime violation attorneys are here to help protect your interests, whether you are a company or a worker, by expanding your knowledge of the law and helping you negotiate or litigate, when necessary.

Fair Labor Standards Act (FLSA)

The FLSA requires employers to pay employees 1.5 times their hourly wage for every hour over 40 hours worked in a week. While that seems pretty straightforward, some businesses are exempt, such as those that generate less than $500,000 in business in a year. Likewise, some job types are exempt. Keeping it all straight can be difficult — it is easy for employers and employees to make mistakes and miss mistakes.

In general, workers in the private sector and in federal, state and local governments are covered by the FLSA for federal minimum wage and overtime pay. Exemptions for overtime pay are:

Executive, administrative and professional employees (including teachers and academic administrative personnel in elementary and secondary schools)
Outside sales employees
Certain skilled computer professionals
Workers at certain seasonal amusement or recreational establishments
Employees of certain small newspapers and switchboard operators of small telephone companies
Announcers, news editors and chief engineers of certain nonmetropolitan broadcasting stations
Seamen employed on American and foreign vessels
Employees engaged in fishing operations
Employees engaged in newspaper delivery
Casual babysitters or companions to the elderly or infirm
Live-in domestic help
Certain commissioned employees of retail or service establishments
Auto, truck, trailer, farm implement, boat or aircraft salespersons
Auto, truck or farm implement parts clerks and mechanics
Railroad and air carrier employees, taxi drivers, certain employees of motor carriers and local delivery employees paid on approved trip rate plans
Employees of motion picture theaters
Farm workers

Common overtime issues

Deciphering what constitutes an exemption can be tricky. Businesses and workers who are in doubt should contact an employment law attorney at our firm to discuss the particulars of your company and the job description. Employee misclassification — intentional and unintentional — is common.

Employers can require employees to work overtime and fire them if they refuse. The FLSA does not restrict the number of hours an employer can demand an employee work.

If an employee feels a business is in violation of the FLSA or has breached the overtime provisions of an employment contract, our law firm can help recover lost pay and attorney fees through a complaint with the Department of Labor or a civil lawsuit.